McConnell v. Federal Election Comm'n, 540 U.S. 93, 129 (2003)

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228

McCONNELL v. FEDERAL ELECTION COMM'N

Opinion of the Court

Second, the Adams plaintiffs-candidates contend that they have suffered a competitive injury. Their candidates "do not wish to solicit or accept large campaign contributions as permitted by BCRA" because "[t]hey believe such contributions create the appearance of unequal access and influence." Adams Complaint ¶ 53. As a result, they claim that BCRA § 307 puts them at a "fundraising disadvantage," making it more difficult for them to compete in elections. See id., ¶ 56.

The second claimed injury is based on the same premise as the first: BCRA § 307's increased hard-money limits allow plaintiffs-candidates' opponents to raise more money, and, consequently, the plaintiffs-candidates' ability to compete or participate in the electoral process is diminished. But they cannot show that their alleged injury is "fairly traceable" to BCRA § 307. See Lujan, 504 U. S. at 562. Their alleged inability to compete stems not from the operation of § 307, but from their own personal "wish" not to solicit or accept large contributions, i.e., their personal choice. Accordingly, the Adams plaintiffs fail here to allege an injury in fact that is "fairly traceable" to BCRA.

The Paul plaintiffs maintain that BCRA § 307 violates the Freedom of Press Clause of the First Amendment. They contend that their political campaigns and public interest advocacy involve traditional press activities and that, therefore, they are protected by the First Amendment's guarantee of the freedom of press. The Paul plaintiffs argue that the contribution limits imposed by BCRA § 307, together with the individual and political action committee contribution limitations of FECA § 315, impose unconstitutional editorial control upon candidates and their campaigns. The Paul plaintiffs argue that by imposing economic burdens upon them, but not upon the institutional media, see 2 U. S. C. § 431(9)(B)(i) (exempting "any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled

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